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Terms

BMF STANDARD CUSTOMER ORDER TERMS

Terms.  The following are additional terms (“Terms”) of the contract (“Contract”) between BMF and the customer (“Customer”) shown on the reverse side (the “Face”) of this Quote.

  1. Our Contract consists only of this Quote, which includes its Face, these Terms and the Diagram. It does not include any other terms unless specifically agreed to in a writing signed by a BMF authorized representative.
  2. Customer will have accepted and agreed to this Quote, including its Terms, upon the earlier of Customer’s signature of this Quote, Customer’s purchase order referencing this Quote, or Customer’s request that BMF commence performance of this Quote.
  3. Prior to Customer’s acceptance, if this Quote is signed by BMF, the Quote is valid for thirty (30) days after its date. At the end of the 30 days, any offer made by this Quote automatically terminates.  During the 30 day period BMF may revise or terminate the Quote if BMF has not yet received Customer’s acceptance.  Orders or Products accepted, released, or processed by BMF cannot be cancelled or returned without prior written approval by a BMF authorized representative on terms that compensate BMF for work performed and expenses incurred.  Any lead time or date of completion or date of delivery is an estimate, dependent on workload when the order is released to manufacturing and other factors, and so is subject to change.
  4. Applicable excise, sales, use and similar taxes shall be paid by the Customer. Except as otherwise stated on the Face, Customer shall pay the price set forth on the Face within 30 calendar days from date of BMF invoice. Changes in and additions to the Product or other work not included on the Face shall be on BMF’s time and materials basis.
  5. BMF warrants that its Product will be free from defects in workmanship and materials for a period of 90 days from the date of the Product’s delivery. For defects of which Customer gives BMF written notice during such 90 days, BMF will properly repair or replace the defect without charge to Customer. Any such replacement or repair shall be done at BMF’s shop, with Customer timely returning the Product to BMF’s shop at Customer’s expense. BMF’s liability for defects in workmanship and materials, whether latent or otherwise, is limited to such replacement and repair. This express warranty is in lieu of all other warranties or guarantees of any kind, express or implied, arising by law, contract or otherwise, including but not limited to any warranty of merchantability, workmanlike service, workmanlike performance or fitness for a particular purpose.
  6. The Diagram has not been provided by BMF. BMF shall not be liable for any defects in the Diagram or in any other design of the Product, including not being liable for any lack of functionality.
  7. BMF’s aggregate cumulative liability shall in no event exceed the total price shown on the Face of this Quote. In no event shall BMF be liable for any loss of profits or for any indirect, incidental, consequential, punitive, exemplary or special damages, whether foreseeable or not.
  8. Customer shall be responsible for timely delivery of Customer-provided material and equipment without delay or deficiency in quantity or quality. This includes Customer reimbursing BMF for any additional cost resulting from any failure to comply with the preceding sentence.
  9. Customer shall identify to BMF any hazardous materials involved in the Product prior to BMF commencing work. Except as otherwise stated on the Face, the price does not include any hazardous material handling, storage or disposal, and Customer shall pay any costs of same.
  10. To the extent not governed by Federal maritime law, this Quote is governed by California law. If any portion of this Contract is determined invalid or unenforceable by a court of competent jurisdiction, then such portion shall be deemed severed to the extent of the invalidity or unenforceability, and the remainder of this Contract shall remain in full force and effect. If Customer fails to pay any amount when due, Customer shall pay all reasonable collection agency charges, attorneys’ and experts’ fees and court costs incurred by BMF.